beta
(영문) 수원지방법원 2017.02.08 2016고단6807

공무집행방해등

Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 300,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On September 24, 2016, at around 22:20 on September 24, 2016, the Defendant damaged the property by making one a fresh of the fresh of the fresh of the fresh in which the Defendant, who was the fresh of the right line C and the 1st floor, drinked together at the house of the Defendant D, or the victim D, who was the victim.

2. On September 24, 2016, around 22:55, the Defendant obstructed the performance of official duties, at the places indicated in paragraph (1) 1, who received 112 reports from neighboring residents, and gave guidance to the head of Suwon Police Station Edistrict belonging to the Suwon Police Station Edistrict of the Suwon Police Station to get out of the Defendant, and assault F one time in his/her hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

3. No person who violates the Punishment of Minor Offenses Act shall, while under the influence of alcohol, carry in rough words or conducts by rough words or conducts at a government office;

Nevertheless, from around 00:00 to around 01:00 on September 25, 2016, the Defendant was arrested in the act of committing an act of committing an offense in violation of the duty to damage property and interfere with the performance of official duties within the police station E zone of Suwon-gu, Suwon-si, Suwon-si, the Suwon-gu, Police Station E zone of Suwon-gu, which was located in Suwon-si, and it was difficult for the Defendant to have the Defendant avoided disturbance with the state of drinking for about one hour, such as taking a bath to the said police officer while talking with him, singing, singing, etc.

As a result, the Defendant was drunk and was satisfyed by the government offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with F and H;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to photographs of glass windows;

1. Relevant Article 366 of the Criminal Act and Article 366 of the Criminal Act of the choice of punishment for the crime (the point of destroying property, the choice of imprisonment), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbing the official document, the selection of fines);

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62(1) of the Criminal Act 1.